480-555a OFFICIAL RECORD
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -555a
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT
OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS
LOTS 7R1, 8R1, 8R2, 20R1, 21R1, BLOCK 1, EAST
HAVEN ADDITION, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 2.342 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT
DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT, AS DEPICTED ON THE
APPROVED DEVELOPMENT PLAN ATTACHED HERETO
AND INCORPORATED HEREIN AS EXHIBIT "B ",
SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City
has the authority to adopt a comprehensive zoning ordinance and map regulating the
location and use of buildings, other structures and land for business, industrial,
Ordinance No. 480 -555a Page 1
residential and other purposes, and to amend said ordinance and map for the purpose
of promoting the public health, safety, morals and general welfare, all in accordance
with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as "R -PUD"
Residential Planned Unit Development District under the City's Comprehensive Zoning
Ordinance; and,
WHEREAS, a change in the zoning classification of said property was requested
by a person or corporation having a proprietary interest in said property; and,
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing
called by the City Council did consider the following factors in making a determination
as to whether these changes should be granted or denied: safety of the motoring public
and the pedestrians using the facilities in the area immediately surrounding the sites;
safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control
and adjacent property; street size and adequacy of width for traffic reasonably expected
to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for
off - street parking facilities; location of ingress and egress points for parking and off -
street loading spaces, and protection of public health by surfacing on all parking areas
to control dust; effect on the promotion of health ad the general welfare; effect on light
and air; effect on the over - crowding of the land; effect on the concentration of
population, and effect on transportation, water, sewerage, schools, parks and other
Ordinance No. 480 -555a Page 2
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered
among other things the character of the districts and their peculiar suitability for
particular uses and the view to conserve the value of the buildings, and encourage the
most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there
is a public necessity for the zoning changes, that the public demands them, that the
public interest clearly requires the amendments, and that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with reference
to the classification which existed at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the
changes in zoning lessen the congestion in the streets, helps secure safety from fire,
panic, and other dangers, promotes the health and the general welfare, provides
adequate Tight and air, prevents the over - crowding of land, avoids undue concentration
of population, and facilitates the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that
there is a necessity and need for the changes in zoning and has also found and
determined that there has been a change in the conditions of the property surrounding
and in close proximity to the tract or tracts of land requested for a change since the tract
or tracts of land were originally classified and therefore feels that the respective
changes in zoning classification for the tract or tracts of land are needed, are called for,
and are in the best interest of the public at large, the citizens of the city of Southlake,
Ordinance No. 480 -555a Page 3
Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of
Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted
and amended, is hereby amended so that the permitted uses in the hereinafter
described areas be altered, changed and amended as shown and described below:
Being described as Lots 7R1, 8R1, 8R2, 20R1, 21R1, Block 1, East
Haven Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat filed as Instrument No. D210020731, Plat
Records, Tarrant County, Texas, being approximately 2.342 acres, and
more fully and completely described in Exhibit "A" from "R -PUD"
Residential Planned Unit Development District to "R -PUD" Residential
Planned Unit Development District as depicted on the approved
Development Plan attached hereto and incorporated herein as Exhibit "B ",
and subject to the following conditions:
Conditions of Approval Included in Original Ordinance No. 480 - 555
1. Approved first reading subject to the recommendations of the Planning
and Zoning Commission; noting the applicant's agreement to enter into
a developer's agreement which will entail the installation of a footbridge
along Continental Boulevard within the city right -of -way subject to
reimbursement by the city within that developer's agreement; subject to
Development Plan Review Summary No. 5, dated April 30, 2008; and
requiring developer to bring back a more detailed landscaping plan for
the park by the second reading.
2. June 17, 2008; Approved second reading (7 -0) subject to the
recommendations of the Planning and Zoning Commission:
a. Approved subject to the Park Board review:
i. Park Board comments or recommendations:
All applicants are required to appear before the Park
Board to discuss park dedication issues if requesting fee
credits. Please contact the Community Services
Department at (817) 748 -8026 for further details.
Park dedication request approved by park board at their meeting as
Ordinance No. 480 -555a Page 4
follows:
A motion was made to recommend to accept the request for park dedication fees by
developing Perry Circle park land and relocating the Continental storage building as
presented.
Motion: Goodman
Second: Landesberg
Ayes: Cox, Galpin, Georgia, Goodman, Landesberg and Peebles
Nays: Mills
Abstention: None
Vote: 6 -1
Motion carried.
Supplemental to the exact motion are the following provisions which were included in the
presentation and discussion: that the development of the public park land existing on Perry
Circle to include landscaping/irrigation, paved trail, park identification signage, and
benches at a value of $45,000; Relocation of the Continental Storage building to a selected
site in the City's Service Center at a value of approximately $40,000 to include in general
dismantling the building, pouring a concrete slab, providing electrical service, replacing or
repairing any damaged elements, re- assembling and painting the building, with the
developer to bear any costs above that estimate; HOA payment of water in park area.
b. and conditions set forth in Development Plan Review Summary
No. 5, dated April 30, 2008.
c. provide one common driveway for Lots 1 and 2;
d. to ensure that Lots 22A, 22, 23, 24, and 25 to be dedicated as
open space /parkland as shown on the development plan;
e. also recognizing the applicant's willingness to explore and
present connectivity options for the sidewalk on the east
boundary to include a connection with at least a box culvert and
a pedestrian bridge as well as any other options;
f. granting requested variance to allow the reduction in open
space to 3.7 %;
g. and, requiring the applicant to submit a detailed landscape plan
for the open space /parkland portion.
3. subject to Council's motion from first reading;
4. subject to the changes recommended by staff this evening on the
landscape plan for the open space and park;
5. and, subject to Development Plan Review Summary No. 5, dated
April 30, 2008.
Conditions of Approval Added in Ordinance No. 480 -555a
1. Pursuant to Concept/Development Plan Review Summary No. 2
dated May 31, 2011.
a. Show and label all fire hydrants in close proximity.
Ordinance No. 480 -555a Page 5
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the
City of Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above
described shall be subject to all the applicable regulations contained in said Zoning
Ordinance and all other applicable and pertinent ordinances for the City of Southlake,
Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and
definitions of said Zoning Ordinance are not amended hereby, but remain intact and are
hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting the health,
safety, morals and the general welfare of the community. They have been designed,
with respect to both present conditions and the conditions reasonably anticipated to
exist in the foreseeable future; to lessen congestion in the streets; to provide adequate
light and air; to prevent over - crowding of land; to avoid undue concentration of
population; and to facilitate the adequate provision of transportation, water, sewerage,
drainage and surface water, parks and other commercial needs and development of the
community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar
suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
Ordinance No. 480 -555a Page 6
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of
Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances are in direct
conflict with the provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of the zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall not affect the validity of
the zoning of the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of Ordinance No. 480, as amended, or any other
ordinances affecting zoning which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
Ordinance No. 480 -555a Page 7
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time
and place for a public hearing thereon at least fifteen (15) days before the second
reading of this ordinance, and if this ordinance provides for the imposition of any
penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary
shall additionally publish this ordinance in the official City newspaper one time within ten
(10) days after passage of this ordinance, as required by Section 3.13 of the Charter of
the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1 reading the 21 day of June, 2011.
MAYOR
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Ordinance No. 480 -555a Page 8
PASSED AND APPROVED on the 2 reading the 2 day of August, 2011.
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Ordinance No. 480 -555a Page 9
EXHIBIT "A"
Being described as Lots 7R1, 8R1, 8R2, 20R1, 21R1, Block 1, East Haven Addition, an
addition to the City of Southlake, Tarrant County, Texas, according to the plat filed as
Instrument No. D210020731, Plat Records, Tarrant County, Texas and being
approximately 2.342 acres.
Ordinance No. 480 -555a Page 10
EXHIBIT "B"
DEVELOPMENT PLAN SUBMITTED MAY 25, 2011
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Ordinance No. 480 -555a Page 12
INVOICE
Star - Telegram Customer ID: CIT57
400 W. 7TH STREET Invoice Number: 317140371
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 8/5/2011
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 8/31/2011
Bill To: PO Number: 2110072
CITY OF SOUTHLAKE
1400 MAIN ST 4 ; Order Number: 31714037
STE 440 Sales Rep: 047
SOUTHLAKE, TX 76092 -7604
Description: City of Southiake Ord
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 8/5/2011
'°i CITY OF Southlake i ��; g s `
Ordinance No. 480 -555a ktfoi Depth t �_ AI1t1CYti
AN ORDINANCE AMENDING ORDI-
City Of S. THE COMPREHENSIVE 0 HEN5 VE ZONING
tY ORDINANCE OF THE CITY OF I3580 1 63 63 LINE $17.30 $1,089.86
SOUTHLAKE, TEXAS; GRANTING A
Sales Dis ZONING CHANGE ON A CERTAIN
TRACT OR TRACTS Orgil ($992.13)
WITHIN THE CITY OF SOUTHLAKE,
TEXAS BEING LEGALLY DE- RECEIVED
Misc Fee SCRIBED AS LOTS 7R1, 8R1, 8R2,
20R1, 21R1, BLOCK 1, EAST HAVEN $10.00
ADDITION, AN ADDITION TO THE
CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING AP-
PROXIMATELY 2.342 ACRES, AND S E P - 2 2011
MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM Net Amount: $107.73
"R -PUD" RESIDENTIAL PLANNED
UNIT DEVELOPMENT DISTRICT TO 1/1111111//ii�
"R -PUD" RESIDENTIAL PLANNED
UNIT DEVELOPMENT DISTRICT, AS
DEPICTED ON THE APPROVED OFFICE OF CIT SECRETARY o f s � .... .. ., ' ��� / �, y
DEVELOPMENT PLAN ATTACHED : ` s PU0 • � !
HERETO AND INCORPORATED p�
HEREIN AS EXHIBIT "B ", SUBJECT ,` O ff" , r O : y
TO THE SPECIFIC REQUIREMENTS T
CONTAINED IN THIS ORDINANCE; T i t 7r., 03 I =
CORRECTING THE OFFICIAL ZON-
ING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING OR-
et Nit of DINANCE; DETERMINING THAT '� '. ∎ pl � , �� � ``` ��
THE PUBLIC INTEREST, MORALS .....• •
THE STA THE ENDMEN THG HE N S MADE; ',' K 1111�1� � �``````
County of PROVIDING AT THIS ORDI-
NANCE SHALL BE CUMULATIVE
Before mi OF ALL ORDINANCES; PROVIDING County a nd State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star -1 A SEVERABILITY CLAUSE; PRO • y p ersona y a pp eare ora y orwoo an g
VIDING FOR A PENALTY FOR elegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the a VIOLATIONS HEREOF; PROVIDING ent was public the above named paper on the listed dates: BIDS & LEGAL DEPT. S AR TELEGRAM
7 215 A SAVINGS CLAUSE; PROVIDING
( 81 FOR PUBLICATION IN THE OFFI-
CIAL NEWSPAPER; AND PROVID- 1
ING AN EFFECTIVE DATE. t
Any person, firm or corporation who Signed , �- -k \ ` �
violates, disobeys, omits, neglects
SUBSCRI or refuses to comply with or who M E, THIS Tuesday, !
resists the enforcement of any of y , A u t 1 2011.
the provisions of this ordinance
shall be fined not more than Two 2_4_,
/ /
Thousand Dollars ($2,000.00) for Notary Public L i 4 a
1
each offense. Each day that a
violation is permitted to exist shall
constitute a separate offense.
Passed and approved this the 2nd
day of August 2011, during the
1 regular City Council meeting.
Thank Y Attes John Terrell It
Attest: Alici Richardson, City Sec-
retary a ® ®- - —...,- -- - -__—
Rem To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 317140371
Invoice Amount: $107.73
PO Number: 2110072
Amount Enclosed: $
INVOICE
Star - Telegram Customer ID: CIT57
400 W. 7TH STREET Invoice Number: 316119371
FORT WORTH, TX 76102 Invoice Date: 6/1/2011
(817)390 -7761
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 6/30/2011
Bill To: PO Number: NO PO
CITY OF SOUTHLAKE Order Number: 31611937
1400 MAIN ST
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 Description: PUBLIC NOTICE CI
Publication Date: 6/1/2011
Attn: Attn: ACCOUNTS PAYABLE
.'°, C PUBLIC NOTICE , Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE, TEXAS (- �''°°' -
N ested perso s tha
n t he e of
PUBLIi Southlake, Texas, will consider the 3LAK I3580 1 51 51 LINE $17.32 $883.22
following Items in the Council
Chambers at City Hall, 1400 Main ($806.01)
Sales D Street, Southlake Texas for the:
City Council :00 pp m Tor �immedi 0 fol-
Misc Fe lowing the City Council Work RECEIVED $10.00
Session, will consider:
• Ordinance480-555a and Ordinance
4 i606 Ch 1 e and Zoncept/De
velopmeet Plan f or East Haven 'slid $87 ��
Addition on ppro�ps described Ha as Net Amount: i
Lots 7R1, 8R1, 8 2081, 21R1, -
Block 1, Add an Lot , Block 2, East ` ,t t111111111U/ip, a add ition to the
Cav � of So l re, Tarrant Cou ` L • • H D //�
Texas and SECRETARY .
Cir 160, 7]50 and 1140 Haven CITY S q`�' P U <4,.. ' �
C and 1021 East Continental ` `t w e. Q S. Boulevard, Southlake, Texas, re- - V . = O `,' .
spectively. Current Zoning: R-PUD
Residential Planned Unit Devel- r * � d> /
opment District; Requested Zoning:
R -PUD - Residential Planned Unit • •9�:
Development District and SF -2 � • ••• `
Single Family Residential. District.
SPIN Neighborhood 6 9. /� /' M ...... �[L
.,``��
• Ordinance 480-509b (ZA11-022), v ,
THE S' 2nd " Reading, Zoning Change and /// ��g1111 3 � t� 111%
Y
Count Development Plan for Cotswold
Valley on property described as
Cotswold Valley, an addition to the
Before T z s and beingsg l sated at 2200 - id County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Sta 2244 Cotswcid Valley Court, r- Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the Sou Texas. Crret Zn
oing: published hlake �tesidential u Phan Unit invent was ublished ' he above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 2 Development District. Requested � �
Zoning: R -PUD - Residential •—• Planned Unit Development District. • �i a,
All P Intere st ed pees n are urged to Signed
attend. RE ME, THIS Thursday, n.0 011.
SUBS( City of Southlake
Alicia
ity Secretary T �.
Notary Publi. , . �'
Thank You For Your Payment
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 316119371
Invoice Amount: $87.21
PO Number: NO PO
Amount Enclosed: